Ronald Williams v. James P. McFadden Deputy Warden Lafontain, Cpo Miner, Cpo Funk, Cpo

86 F.3d 1165 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ronald WILLIAMS, Plaintiff-Appellant, v. James P. McFADDEN, Deputy Warden; Lafontain, CPO; Miner, CPO; Funk, CPO, Defendants-Appellees. No. 95-16710. United States Court of Appeals, Ninth Circuit. Submitted May 20, 1996. * Decided May 29, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Williams appeals from the district court's dismissal, for failure to state a claim, of his action brought under 42 U.S.C. § 1983 . The district court had jurisdiction pursuant to 28 U.S.C. § 1343 (a)(3). We have jurisdiction over this appeal, which we previously deemed timely, pursuant to 28 U.S.C. § 1291 . We affirm. 3 We review de novo a district court's dismissal for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Franceschi v. Schwartz, 57 F.3d 828, 830 (9th Cir.1995). All allegations of material fact are taken as true and construed in the light…